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Some of the major projects undertaken by FAIRA include:
This research is largely carried out by FAIRA's Strategic Operations Unit. FAIRA's role as a research body challenges the dominant position of government and academic bodies as experts and decision makers in Aboriginal and Torres Strait Islander affairs.
At present, the Strategic Operations Unit is concentrating on three key issues:
The Unit also maintains the FAIRA Library and Community Resource Centre.
The Ancestral Remains and Cultural Property Projects
In April 1994, FAIRA received an ATSIC grant to conduct archival research in those Queensland public institutions which keep Aboriginal and Torres Strait Islander human remains.
The grant was a result of a number of years of lobbying by FAIRA to return human remains and cultural property held by institutions to their community of origin. FAIRA has undertaken this work in three stages. The first stage involved archival research throughout Queensland institutions to development of a database of the institutions holding such remains. State-wide community consultation regarding the human remains registered on the database were then undertaken to determine the community's aspirations about how they should be returned.
The second stage was to develop a register of ancestral remains held in institutions throughout Australia. This register was then complemented by archival research in each institution.
The third stage involves the registration of remains held in overseas institutions, in the United States of America, Canada, the United Kingdom and Europe, and the subsequent archival research. It is anticipated that this will eventually result in the repatriation of these remains. A number of issues were highlighted as a result of the consultation process from the first stage. The most recurring issues were:
Two documents have been developed to assist this project:
With the assistance of small grants supplied by the Australian Cultural Development Office, FAIRA researchers are now in the midst of facilitating the repatriation of over 147 ancestral remains and burial objects to seventeen communities of origin. In addition, details of items of cultural property are now being added to the database to provide a more complete service to communities throughout Queensland.
The Welfare Fund
Over the last 16 months FAIRA has been actively working to obtain justice for Indigenous people who have suffered the appalling consequences of a Queensland legislative regime based on a mixture of racism and paternalistic good intentions.
The legislative regime commenced in 1884 but the main legislation on which the regime was based has its origins in the Aboriginal Protection and Prevention of the Sale of Opium Act 1897.
The legislation, it was claimed, was to protect Indigenous people from economic and sexual exploitation and exposure to the damaging consequences of alcohol and opium and the often lethal diseases introduced by European people. The effect of the legislation, however, was to severely damage Indigenous individuals, families, communities and their cultures, traditions and spirituality.
Approximately 50% of Queensland's Indigenous people were covered by the scheme which officially ended in the late 1970's.
This legislative regime has played a major part in the problem that many Indigenous people have in now claiming Native Title. Through the removal of Indigenous people from their country under the regime, it can now be argued that Indigenous people do not have the necessary association with their country to satisfy the requirements of the Native Title Act (1993) to prove Native Title rights.
Under the scheme, Indigenous people could be removed from their country, their community, their friends and family for a variety of reasons. In many cases, however, the scheme has merely set the basis for completely clearing Indigenous people from a number of areas, leaving settlers and pastoralists then free to pursue their industries. FAIRA has coordinated meetings with the Brisbane Aboriginal Community to research and develop information to establish bona fide claimants to Welfare Fund monies.
The removal of children from their families and their subsequent exploitation in the workforce has been addressed in part through the Inquiry conducted by Sir Ronald Wilson, the President of the Human Rights and Equal Opportunity Commission. FAIRA is also following the test case being pursued by some Northern Territory people on this subject. A decision on that case, Kruger v the Commonwealth, is still pending.
FAIRA has produced an Occasional Paper on the Welfare Fund for distribution to interested members of community. FAIRA is also investigating other legal issues which might be pursued with the view to having these wrongs recognised and compensation paid. Legal advice on a day to day basis is made available to concerned persons.
The Palm Island Wage Claim
Other legal issues are being considered that relate to the Department's failure to protect and pursue the best interests of Indigenous people under "the Act". This includes such matters as not pursuing worker's compensation entitlements, paternity matters or sexual assaults.
FAIRA represented seven elders of the Palm Island community before an inquiry by the Human Rights and Equal Opportunity Commission. The claim was that the Queensland Government between 1975 and 1985 failed to pay equal wages and provide equal working conditions and opportunities to Indigenous people employed by it on Palm Island simply because of their race.
Among other things, recognition of the wrong done and compensation for the underpayment of wages were claimed.
The reason for limiting the claim to 1975 is that it was in 1975 that the Racial Discrimination Act came into effect. In 1985 the Queensland Government finally complied with the Racial Discrimination Act by paying its employees equal pay and providing equal working opportunities and conditions.
It is estimated that during this period the government saved between seven and ten million dollars annually by not complying with the Racial Discrimination Act.
FAIRA consulted widely in developing a position on this matter, however no funding was provided by Government for this project, other than legal aid for the Palm Island claimants.
The claim was upheld by the Commission, who have ordered the Queensland Government to pay compensation to the seven elders involved. The restitution ordered, $7000, was a fraction of the wages actually foregone, but was accepted by the claimants given their age and their keenness to finalise the issue.
That order, however, is being challenged by the Queensland Government. FAIRA is at present investigating ways of supporting the elders through the further processes of Federal Court hearings.
It is expected that many other people will come forward and similarly claim discrimination as employees of the Queensland Government during that ten year period.
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